EMPLOYER SANCTIONS, RAIDS & AUDITS
Corporate Compliance Programs
It is critical for employers to understand, implement and execute, document their execution of, internal immigration compliance programs that encourage due diligence at all levels of the organization.
The US Immigration & Customs Enforcement (ICE) has initiated a strategic shift in the way it approaches enforcement of the immigration laws. Rather than relying on the traditional use of administrative fines for I-9 violations, ICE is bringing criminal charges against employers and seizing their ‘illegally derived’ assets. More employers are being charged with money laundering, harboring, and violations of Racketeering, etc. Convictions on these charges can result in prison sentences of up to 20 years. The US Sentencing Commission Federal Sentencing guidelines for organizations provide judges with a basis to determine the extent of the criminal sentences imposed on employers for violations of employer immigration laws. As a result, it is
A corporation acts through its ‘agents’ and is liable criminally for all actions of its employees or corporate executives or officers who conduct illegal acts. This is true provides that the actions of corporate agents were within the scope of their duties and were intended, at least in part, to benefit the corporation.
Whether a corporation will be indicted will depend on a number of factors:
- How widespread the activity was
- The complicity or condemnation of the wrongdoing by corporate management
- How high up and how extensive the complicity of management was
- Timely and voluntary disclosure of wrongdoing and cooperation in investigation
- The existence of a pre-existing compliance program, and
- Remedial actions – including an effective compliance program, replacing responsible management, and termination of wrongdoers.
The statute makes it a crime for any person, including a corporation to:
- Knowingly or in reckless disregard of the fact that the alien has come to or remains in the USA in violation of law;
- Conceal, harbor or shield that person from detection or facilitate the alien remaining in the USA illegally or conspire to do so.
Clearly, it behooves employers to ensure they have a ‘pre-existing’ immigration policy in place to benefit from the provisions of the federal sentencing guidelines. To maximize such benefits, the policy should be in writing and clearly state the goal of the organization is to comply with all federal, state and local immigration laws.
In light of the increase enforcement of both civil and criminal immigration laws, as well as the amended sentencing guidelines and heightened executive responsibilities, employers should ensure that their codes of conduct and immigration compliance policies are capable of providing maximum protection for their organization.
The Law Office of Brian T O’Neill can provide the tools you need to make the most informed decisions about Federal Employment Worksite Compliance programs, ICE investigations, raids, I-9 worksite audits, civil and criminal penalties and violations, etc.
Call the Law office of Brian T. O’Neill at 617-722-4000 or contact us online. We will gladly answer your questions or schedule a consultation.
